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High Court of Punjab and Haryana · body

2023 DAILYLAW 3613 (PNJ)

SHIVAM v. STATE OF HARYANA

CRM-M/19129/2026 · 2026-04-17

Sumeet Goel

body2023

Judgment text

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CRM CRM CRM CRM----M M M M----19129 19129 19129 19129---- 206 206 206 206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Shivam Kumar State of Haryana Date of Date of Date of Date of Decision Decision Decision Decision Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 2023 (Section 439 Cr. P.C.) case FIR No. and 61(2) of the BNS, 2023, at Mahendergarh. 2. namely, Deepak Sharma with his friend, visited the complainant’s shop in a car. As they belonged to neighbouring villages, the complainant was already acquainted with petitioner. The requested him to shar ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----191 191 191 19122229999----2026 2026 2026 2026 Shivam Kumar Versus Haryana Decision Decision Decision Decision: : : : April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Rohit Mittal, Advocate for the petitioner Mr. Deepak Kumar Grewal, DAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section (Section 439 Cr. P.C.) seeking grant of regular bail to the petitioner FIR No.40 dated 16.10.2025, registered under Sections and 61(2) of the BNS, 2023, at Cyber Police Station Narnaul, District Mahendergarh. The gravamen of the FIR in question is that Deepak Sharma, stated that on 09.10.2025, the with his friend, visited the complainant’s shop in a car. As they belonged to neighbouring villages, the complainant was already acquainted with . The petitioner informed the complainant that he required cash and requested him to share his QR Code, assuring that he would transfer the 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH 2026 2026 2026 2026 ….Petitioner …Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Deepak Kumar Grewal, DAG Haryana. has been filed under Section 483 of the BNSS, grant of regular bail to the petitioner, in , registered under Sections 238(c), 318(4) Cyber Police Station Narnaul, District FIR in question is that the complainant, 09.10.2025, the petitioner, along with his friend, visited the complainant’s shop in a car. As they belonged to neighbouring villages, the complainant was already acquainted with the informed the complainant that he required cash and e his QR Code, assuring that he would transfer the 1111 ….Petitioner …Respondent 483 of the BNSS, in , 318(4) Cyber Police Station Narnaul, District complainant, , along with his friend, visited the complainant’s shop in a car. As they belonged to the informed the complainant that he required cash and e his QR Code, assuring that he would transfer the MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----19129 19129 19129 19129----2026 2026 2026 2026 amount online. The complainant initially refused, stating that cash would be provided only if the amount was transferred from petitioner’s own bank account. Subsequently, the petitioner revisited the shop and transferred a total sum of ₹91,000/- in three transactions by scanning the complainant’s QR Code into his PNB account No.1904002100003871. Upon confirmation of receipt of the said amount, the complainant handed over ₹91,000/- in cash to the accused and retained a copy of his Aadhaar Card. After a few days, the complainant discovered that his PNB current account had been placed on hold to the extent of ₹45,000/- on the ground that a defrauded amount had been credited into his account. It is alleged that the petitioner, in connivance with his associates, deceived and cheated the complainant, thereby causing wrongful loss to him. 3. Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.10.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that the petitioner has already suffered incarceration for more than 06 months. Learned counsel has further submitted that culmination of the trial will take long time. Learned counsel has submitted that the petitioner is a youngman aged 23 years with clean antecedents. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----19129 19129 19129 19129----2026 2026 2026 2026 Learned State counsel seeks to place on record the custody certificate dated 17.04.2026, in the Court today, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 17.10.2025, whereinafter investigation was carried out and challan qua the petitioner stands presented on 11.12.2025. Out of total 09 cited prosecution witnesses, none has been examined till date. It is, thus, indubitable that culmination of trial will take its own time. The rival contentions raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per custody certificate dated 17.04.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 06 months and 01 day, & is not shown to be involved in any other FIR(s). Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions: MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----19129 19129 19129 19129----2026 2026 2026 2026 (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE April 17 April 17 April 17 April 17, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.04.17 18:04 I attest to the accuracy and authenticity of this order/ judgment